alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
2009 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

4-24-2009

USA v. Olhovsky

Precedential or Non-Precedential: Precedential

Docket No. 07-1642

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2009

This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova

University School of Law Digital Repository. It has been accepted for inclusion in 2009 Decisions by an authorized administrator of Villanova

University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.

Recommended Citation

"USA v. Olhovsky" (2009). 2009 Decisions. Paper 1426.

http://digitalcommons.law.villanova.edu/thirdcircuit_2009/1426
UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

_____________________

No: 07-1642

_____________________

UNITED STATES OF AMERICA

v.

NICOLAU OLHOVSKY,

 Appellant

____________________

On Appeal from Judgments of Conviction and Sentence

in the United States District Court

for the District of New Jersey

District Judge: Hon. Stanley R. Chesler

(Crim. No. 06-cr-00263)

____________________

Argued: March 26, 2008

Before: McKEE, RENDELL, and TASHIMA 

Circuit Judges

_____________________

ORDER AMENDING OPINION

At the direction of the Court, it is hereby ORDERED that the Opinion filed

in this case on April 16, 2009, be amended to reflect the following address for Eric H.

Jaso, Esq as follows:

Eric H. Jaso, Esq.

Office of the United States Attorney

970 Broad Street

Room 700

Newark, NJ 07102
FOR THE COURT:

 /s/ Marcia M. Waldron 

Marcia M. Waldron,

Clerk

Dated: April 24, 2009
Sarah DOUTHIRT, Appellant, v. STATE of Florida, Appellee.

Case No. 2D17-116

District Court of Appeal of Florida, Second District.

Opinion filed December 7, 2018

Lee M. Pearlman of The Law Offices of Denmon Pearlman, St. Petersburg, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and David Campbell, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Affirmed.

LaROSE, C.J., and BLACK and SALARIO, JJ., Concur.
Pursuant to 5 T H C IR . R. 47.5 , the court has determined that this opinionshould not * be publishe d an d is not precede nt except under the limited circu mstance s set forth in 5 T H C IR . R. 47.5 .4. 

### INTHE UNI TED S TATESCOU RT OFAPPEALS

FORTHE FIFTH CIRCU IT

N o. 09- 10664 C onfer enc e Cal endar
UN I TE D S TA TE S OF AM ERI CA, P l ai n t i f f

- A pp el l ee
v. J ORGE ERA S M O S ANCHEZ- GUEVARA , D e fe nda nt
- Appe l l ant

A pp ealf

rom t h e U n i t ed S t ates D i st ri ctC ou rt f or t h e N ort h ern D i st ri ctof T exas U SD C N o. 5: 09- C R
- 10- 1
B ef ore G A R Z A , D E N N IS, an d E L R O D , C i rcui tJu dg es. P E R C U R I A M: * T h e F e d e r a lP u b l i c D e fe n d e ra p p o i n t e d t o r e p r e s e n t J o r g e E r a s mo S a n c h e z -G u e v a r a h a s m o v e d fo rle a v e to w ith d r a w a n d h a s file d a b r ie f in a c c o r d a n c e wi t h A n d er s v . Ca lif o rn ia , 386 U
. S. 738 ( 1967)
. Sanchez- G uevar a h a s n o tfi le d a r e s p o n s e . O u rin d e p e n d e n tr e v ie w o f t h e r e c o r d a n d c o u n s e l’s bri ef di s c l o s e s no n on f

rivol ou s i ssue f

or app eal
. A ccor di n gl y, coun sel ’ s m ot i on f or l eave t o w i t h draw i s G R A N T E D , coun seli s excused f rom f u rt h er r espon sibi l i t i es h e r e in , a n d th e A P P E A L IS D IS M IS S E D
. S ee5 T H C IR . R. 42. 2. United States Court of App eals

Fifth Circuit 

### F I L E D Februar y 12, 2010 Cha rl es R. F ulb ru g e II I Clerk Case: 09-10664 Document: 00511027413 Page: 1 Date Filed: 02/12/2010
Stephen PARRISH, Appellant, v. STATE of Florida, Appellee.

Nos. 4D17-725 4D17-821

District Court of Appeal of Florida, Fourth District.

[December 20, 2018]

Carey Haughwout, Public Defender, and Ian Seldin, Assistant Public Defender, West Palm Beach, for appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Anesha Worthy, Assistant Attorney General, West Palm Beach, for appellee.

Per Curiam.

*Affirmed.*

Gerber, C.J., Forst and Klingensmith, JJ., concur.
<PAGE>
                                                                    EXHIBIT 32.A

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                       AS ADOPTED PURSUANT TO SECTION 906
                        OF THE SARBANES-OXLEY ACT OF 2002


     In connection with the Annual Report on Form 10-K for the period ending
December 31, 2003, of El Paso Production Holding Company (the "Company") as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Lisa A. Stewart, President and Chief Executive Officer, certify
(i) that the Report fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934, as amended, and (ii) that the
information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the Company.


                                          /s/ Lisa A. Stewart
                                          -------------------------------------
                                          Lisa A. Stewart
                                          President and Chief Executive Officer
                                          (Principal Executive Officer)

                                          September 30, 2004








A signed original of this written statement required by Section 906 has been
provided to El Paso Production Holding Company and will be retained by El Paso
Production Holding Company and furnished to the Securities and Exchange
Commission or its staff upon request.
Otha ABNEY, Appellant, v. Teresa M. ABNEY, Wife, n/k/a Teresa M. Levi, Appellee.

No. 1D17-572

District Court of Appeal of Florida, First District.

October 23, 2018 Rehearing Denied January 15, 2019

Otha L. Abney, pro se, Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.

Per Curiam.

AFFIRMED .

Wetherell, Bilbrey, and M.K. Thomas, JJ., concur.
<PAGE>

EXHIBIT 32.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER PURSUANT TO 18 U.S.C. SECTION 1350

I, David H. Kirske, Vice President and Chief Financial Officer of Helix
BioMedix, Inc. (the "Company"), certify, pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

      1.    the Annual Report on Form 10-KSB of the Company for the year ended
            December 31, 2005 (the "Report") fully complies with the
            requirements of Section 13(a) or 15(d) of the Securities Exchange
            Act of 1934; and

      2.    the information contained in the Report fairly presents, in all
            material respects, the financial condition and results of operations
            of the Company as of December 31, 2005.

Date: March 23, 2006


                                     /s/ David H. Kirske
                                     ------------------------------------------
                                     David H. Kirske
                                     Vice President and Chief Financial Officer
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National News Release        May 13, 2014        Coral Reefs are Critical for Risk Reduction & Adaptation
CERTIFICATIONS PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002



I, Simon Ridgway, certify that:

1.

I have reviewed this annual report on Form 20-F of Radius Gold Inc.;

2.

Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;

3.

Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the Company as of, and for, the periods presented in this report;

4.

The Companys other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the Company and have:

a)

Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the Company, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;

b)

Evaluated the effectiveness of the Companys disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and

c)

Disclosed in this report any change in the Companys internal control over financial reporting that occurred during the period covered by the annual report that has materially affected, or is reasonably likely to materially affect, the Companys internal control over financial reporting; and

5.

The Companys other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the Companys auditors and the audit committee of the Companys board of directors (or persons performing the equivalent functions):

a)

all significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the Companys ability to record, process, summarize and report financial information; and

b)

any fraud, whether or not material, that involves management or other employees who have a significant role in the Companys internal control over financial reporting.

DATED:  November 2, 2007

/s/ Simon Ridgway



Simon Ridgway,

President and Chief Executive Officer
Derrick EVANS, Appellant, v. STATE of Florida, Appellee.

No. 1D17-4391

District Court of Appeal of Florida, First District.

January 14, 2019

Derrick Evans, pro se, Appellant.

Andy Thomas, Public Defender, and Victor D. Holder, Assistant Public Defender, Tallahassee, for Appellant.

Ashley Brooke Moody, Attorney General, Tallahassee, for Appellee.

Per Curiam.

AFFIRMED .

Rowe, Bilbrey, and Winsor, JJ., concur.
<PAGE>
                                                                    EXHIBIT 10.1

                               SECOND AMENDMENT TO
                           FOURTH AMENDED AND RESTATED
                             MASTER RIGHTS AGREEMENT

            This Second Amendment ("Amendment") to the Fourth Amended and
Restated Master Rights Agreement ("Master Agreement") dated as of December 19,
2003 among Inhibitex, Inc., a Delaware corporation (the "Company"), and the
investors signatory thereto, is made and effective as of this 27th day of May
2004.

                              W I T N E S S E T H:

      WHEREAS, the Master Agreement provides the investors signatory thereto
with certain rights with respect to the Company;

      WHEREAS, the parties now wish to amend the Master Agreement;

      NOW, THEREFORE, in consideration of the mutual covenants contained herein,
the parties hereby agree as follows:

      1. Terms used herein and not otherwise defined herein shall have the
meanings ascribed to them in the Master Agreement.

      2. Section 1.1(m) of the Master Agreement is deleted and replaced in its
entirety with the following:

      "Initial Public Offering" means a consummated firmly underwritten public
      offering of the Company's Common Stock on a Form S-1 Registration
      Statement, or any similar form of registration statement, adopted by the
      Commission from and after the date hereof, filed with the Commission under
      the Securities Act (as defined below) with respect to which the price to
      the public in such offering is approved by the pricing committee of the
      Company's Board of Directors and is not less than $7.00 per share, which
      pricing committee consists of representatives of each of the Series C
      Stock, Series D Stock and Series E Stock."

      3. Except as amended hereby, the Master Agreement remains unchanged.

This Amendment was approved by resolution of the Board of Directors of the
Company at a meeting duly held May 26, 2004 and the consent by class vote of at
least 66 2/3%

<PAGE>
of the outstanding (i) Series B, (ii) Series C and (iii) Series D and Series E,
dated as of May 26, 2004.
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Photography        September 11, 2017        Flooding on Atlantic Avenue in Garden City, SC

Photography        September 18, 2020        USGS hydrologists respond to historic hurricane season

Photography        September 10, 2018        USGS Storm-Tide Sensor for Hurricane Florence
Antonio MIKELL, Appellant, v. The STATE of Florida, Appellee.

No. 3D18-299

District Court of Appeal of Florida, Third District.

Opinion filed August 1, 2018

Antonio Mikell, in proper person.

Pamela Jo Bondi, Attorney General, for appellee.

Before SUAREZ, LOGUE, and LINDSEY, JJ.

PER CURIAM.

Affirmed.
Fourth Court of Appeals

San Antonio, Texas

June 2, 2016

No. 04-16-00269-CV

IN THE ESTATE OF BILLYE M. HORMUTH, DECEASED,

Appellant

From the Probate Court No 2, Bexar County, Texas

Trial Court No. 2011PC4120

Honorable Tom Rickhoff, Judge Presiding

O R D E R

The trial court signed a final judgment on January 22, 2016. Because appellant did not 

file a timely motion for new trial, motion to modify the judgment, motion for reinstatement, or 

request for findings of fact and conclusions of law, the notice of appeal was due to be filed on 

February 22, 2016.1 See TEX. R. APP. P. 26.1(a). A motion for extension of time to file the 

notice of appeal was due on March 7, 2016. See TEX. R. APP. P. 26.3. Appellant filed a notice of 

appeal and a motion for extension of time on April 28, 2016. It thus appears that neither 

document was filed within the time allowed for filing a motion for extension of time to file the 

notice of appeal. 

A motion for extension of time is necessarily implied when an appellant, acting in good 

faith, files a notice of appeal beyond the time allowed by Rule 26.1 but within the fifteen-day 

grace period provided by Rule 26.3 for filing a motion for extension of time. See Verburgt v. 

Dorner, 959 S.W.2d 615, 617 (Tex. 1997) (construing the predecessor to Rule 26). But “once 

the period for granting a motion for extension of time under Rule [26.3] has passed, a party can 

no longer invoke the appellate court’s jurisdiction.” Id. 

It is therefore ORDERED that appellant show cause in writing within fifteen days from 

the date of this order why this appeal should not be dismissed for lack of jurisdiction. 

_________________________________

Sandee Bryan Marion, Chief Justice

 

1 Appellant’s docketing statement makes reference to a motion to reinstate being filed on March 23, 2016. The 

motion to reinstate is not contained in the clerk’s record or supplemental clerk’s record filed in this appeal; however, 

the motion to reinstate would need to have been filed by February 22, 2016 in order to be timely. TEX. R. CIV. P.

329b(a).
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 2nd day of June, 2016.

___________________________________

Keith E. Hottle

Clerk of Court
1 AMENDMENT NO. 3
                                       TO
                                    RESTATED
                        KINDERCARE LEARNING CENTERS, INC.
                     NONQUALIFIED DEFERRED COMPENSATION PLAN


KinderCare Learning Centers, Inc.
A Delaware corporation
650 NE Holladay, Suite 1400
Portland, OR  97232                                                      Company

     The Plan, as restated effective January 1, 1999, and amended through
Amendment No. 2, is further amended as follows:

     1.   Change of Control

          In order to avoid triggering a Change of Control upon a public
offering of the Company's stock, 8.8(c) is revised to read as follows:

               (c) A merger or consolidation of the Company into another person
     which is not a KKR Entity or any dilution of KKR's beneficial ownership
     interest in the Company which results in the KKR Entities owning less than
     50 percent of the outstanding shares of the Common Stock of the Company,
     except as follows. No Change of Control shall occur unless the event
     results in the inability of the KKR Entities to elect a majority of the
     Board of Directors of the Company (or the resulting entity). No Change of
     Control shall occur upon the dilution of the beneficial ownership interest
     of the KKR Entities due to a public offering of securities of the Company.

     2.   Effective Date

          The changes made by this Amendment shall be effective April 1, 2004.

                                            KinderCare Learning Centers, Inc.


                                            By: ________________________________

                                            Name of signer:_____________________

                                            Date signed: _________________, 2004
Mondrell JOHNSON, Appellant, v. STATE of Florida, Appellee.

Case No. 5D18-372

District Court of Appeal of Florida, Fifth District.

Decision filed December 26, 2018

Robert I. Mandell, and Gregory N. Greenberg, and Steven J. Parton, of Mandell Law, P.A., Winter Park, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

AFFIRMED.

TORPY, LAMBERT and HARRIS, JJ., concur.
Control
      No: J407344Date
      Filed: 07/10/2009 02:02 PMKaren
      C HandelSecretary
      of
State




FOURTH
ARTICLES OF AMENDMENT


TO
THE AMENDED AND RESTATED


ARTICLES
OF INCORPORATION


OF


WGNB
CORP.




I.




The
name of the Corporation is “WGNB Corp.”




II.




Article
V of the Articles of Incorporation of the Company hereby is amended by deleting
Section 5.1 of such article in its entirety, and inserting in lieu thereof the
following:


“5.1
              Authorized
      Shares. The total number of shares which the Company is authorized
      to issue is 70,000,000, consisting of 50,000,000 shares of common stock,
      no par value per share, and 20,000,000 shares of preferred stock, no par
      value per
  share.”




III.




The
foregoing amendment to the Amended and Restated Articles of Incorporation of the
Corporation was (i) duly adopted by of the Board of Directors of the Corporation
and recommended to the shareholders at a meeting duly called and held for such
purpose on March 10, 2009, and (ii) duly adopted by the shareholders at a
meeting duly called and held for such purpose on June 16, 2009, in accordance
with the provisions of Section 14-2-1003 of the Georgia Business Corporation
Code.




IN
WITNESS WHEREOF, WGNB Corp. has caused these Articles of Amendment to the
Amended and Restated Articles of Incorporation of the Corporation to be executed
by its duly authorized officer on the 6th day of July, 2009.


WGNB
      CORP.By:
              /s/
      H.B. LiphamH.B.
      Lipham, IIIChief
      Executive Officer




LEGAL_US_E
      # 79677295.1
                stamp
                State
      of Georgia
                  Expedite
      Amend/Restate 1 Page(s)
                  barcode
                  T0919110524